Tourism service contracts play a crucial role in ensuring the rights and obligations of parties involved in tourism-related transactions. These contracts not only protect consumer interests but also contribute to a transparent and fair business environment. In this article, NPLaw invites our readers to explore the main legal issues related to tourism service contracts.
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Tourism service contracts play a crucial role in ensuring the rights and obligations of parties involved in tourism-related transactions. These contracts not only protect consumer interests but also contribute to a transparent and fair business environment. In this article, NPLaw invites our readers to explore the main legal issues related to tourism service contracts.
I. Growing demand for tourism service contracts
The demand for entering into tourism service contracts has been increasing significantly, reflecting the significant development of the tourism industry and the diversification of customer-oriented services. With the expanding trend of travel, customers seek not only all-inclusive tour packages but also specialized services such as accommodation, transportation, tour guides, and local experiences. Therefore, signing tourism service contracts has become essential to safeguard the rights and interests of both customers and service providers.
Such contracts help clearly define the responsibilities and obligations of the parties, while also ensuring consumer protection, and transparency and stability in business transactions. Moreover, this growing demand illustrates changes in tourist behavior and expectations, with tourists increasingly valuing convenience, peace of mind, and high-quality experiences.
II. Legal provisions on tourism service contracts
1. What is a tourism service contract?
A tourism service contract is a written or electronic agreement between a tourism service provider (commonly a travel agency or tour company) and the service user (an individual or organization). The purpose is to establish the rights and obligations of each party in the organization, provision, and use of services related to tourism activities.
2. Common types of tourism service contracts
Common types of tourism service contracts include:
- All-inclusive tour contracts;
- Accommodation service contracts;
- Travel agency contracts;
- Transportation service contracts;
- Tour guide contracts.
3. Legal provisions on the content and form of tourism service contracts
Pursuant to Article 39 of the Law on Tourism 2017, the content and form of tourism service contracts (also known as tour operation contracts) must comply with the following:
- Tourism service contracts must be in writing to ensure legal validity and to serve as a basis for binding responsibilities between the parties.
- Mandatory contents include:
+ Detailed service information such as the quantity, quality, price, time of provision, and method of service execution;
+ Total cost and payment methods (cash, bank transfer, payment duration, etc.);
+ Exemption clauses in cases of force majeure (natural disasters, war, pandemics, etc.);
+ Parties’ financial responsibilities in the event of changes, additions, or cancellation on contracts;
+ Obligations regarding travel insurance for customers and their entitlements in the event of risks.
In summary, tourism service contracts must be made in writing and must include specific details regarding services, costs, payments, force majeure events, contract amendments, and travel insurance.
III. Legal questions regarding tourism service contracts
1. Is a written form mandatory for tourism service contracts?
According to Clause 2, Article 39 of the Law on Tourism 2017, tourism service contracts (tour operation contracts) must be executed in writing. Such a requirement ensures legal enforceability, enhances transparency and accountability among parties, and serves as a critical basis for resolving disputes during the implementation of the tourism program.
Thus, the written form is legally mandatory for tourism service contracts.
2. Which authority has jurisdiction over disputes arising from tourism service contracts?
The tourism service contract is a type of civil contract as defined under Article 513 of the Civil Code 2015 on service contracts. Clause 3, Article 26 of the Civil Procedure Code 2015 stipulates that disputes arising from civil transactions and civil contracts fall under the jurisdiction of the courts.
Accordingly, when disputes arise, the People’s Court shall be the competent authority to settle the matter, unless otherwise agreed upon by the party' s request for arbitration or other legal provisions.
3. What main clauses must be included in a tourism service contract?
Pursuant to Clause 3, Article 39 of the Law on Tourism 2017, important clauses that must be included in a tourism service contract are:
- Detailed information on the services including quantity, quality, prices, duration, and implementation methods;
- Total service fees and payment methods (cash, bank transfer, deadlines, etc.);
- Force majeure clauses (natural disasters, war, epidemics, etc.);
- Financial liabilities of each party in case of contract amendments, additions, or cancellations;
- Responsibilities regarding customer travel insurance and their benefits in case of risks.
Hence, these are the main clauses that must be included in a valid tourism service contract.
4. Is notarization required for tourism service contracts?
According to Clause 1, Article 2 of the Law on Notarization 2014, notarization refers to a notary's certification of the authenticity and legality of a contract, transaction, or document translated from Vietnamese into a foreign language or vice versa.
The law mandates notarization for certain types of contracts, including:
- Contracts related to housing (Clause 1, Article 164 of the Law on Housing 2023);
- Contracts regarding land use rights (Article 27 of the Land Law 2024);
- Wills made by persons with physical disabilities or illiteracy (Clause 3, Article 630 of the Civil Code 2015).
However, tourism service contracts are not subject to mandatory notarization. These are ordinary service contracts between a tourism service provider and a customer or partner, and notarization is not a legal requirement for them to be effective.
In conclusion, tourism service contracts do not require notarization, unless mutually agreed upon by the parties or required in specific circumstances.
5. Can tourism service contracts be signed electronically?
Pursuant to Clause 16, Article 3 of the Law on Electronic Transactions 2023, an electronic contract is defined as one formed through a data message.
Furthermore, Article 7 of the same law stipulates that data messages can take various forms such as electronic documents, electronic records, electronic contracts, emails, telegrams, faxes, and other forms of electronic data exchange. These messages may be newly created during transactions or converted from paper-based documents.
Therefore, tourism service contracts can absolutely be signed electronically, provided that the integrity of the data is ensured, the origin can be verified, and the parties’ consent is clearly demonstrated.
IV. Legal advisory services on tourism service contracts
The above article was prepared by NPLaw regarding tourism service contracts. With a team of experienced lawyers and legal professionals, NPLaw is always ready to accompany, advise, and support clients with legal matters related to tourism service contracts. For assistance with other legal issues, please contact NPLaw through the details below:
